RCN loses fibre optic cable permit case against Meyers

March 15, 2012 5:06 PM

PHILIPSBURG - Kingdom Service Caribbean Netherlands (Rijksdienst Caribisch Nederland (RCN)) has lost the court procedure in its quest to obtain a fibre optic cable landing permit in St. Maarten, Judge René van Veen of the Court of First Instance ruled yesterday.

RCN has started laying fibre optic cables in Saba, St. Eustatius and St. Kitts. Minister of Tourism, Economic Affairs, Transport and Telecommunication, Franklin Meyers does not want to grant a second fibre optic cable landing permit in St. Maarten that would utilise the landing site of UTS, the main competitor of Smitcoms, a member of the local TelEm group of companies.

RCN believed Minister Meyers had no authority to deny a permit. Therefore, it had launched a so-called administrative LAR procedure against the Minister's decision.

The issue has been deliberated on since June 2011, when RCN requested permits and authorisation to lay a submarine telecommunication cable for the Saba/St. Eustatius Cable System (SSCS), which is to connect the two islands with telecom infrastructure in St. Maarten and St. Kitts.

Notwithstanding deliberations between RCN and Interim Director of Bureau Telecommunication and Post St. Maarten BTP-SXM Peggy-Ann Brandon, this had not led to a permit.

"RCN will not be permitted to enter the coastal waters of St. Maarten with telecommunications infrastructure prior to all pertinent permits being obtained," it was stated in a letter sent by the Minister to RCN on March 2.

In this letter, the Minister pointed out to RCN "that the application process and requirements set are to ensure that impacts on marine life, our tourism product and economic interest can be weighed properly, prior to any decision of this Government to allow the landing of such cable on St. Maarten."

RCN had filed a petition with the Court of First Instance on February 24 to allow it to lay the SSCS cable on St. Maarten's seabed and to land it on the Great Bay beach in the vicinity of the two existing beach manholes, or any other location. RCN also requested that the Court attach a fine of US $100,000 per day in case of non-compliance.

According to RCN, the Minister's refusal to grant a permit would thwart Dutch government interests, because the cable also will be used for Coast Guard, Foreign Affairs, Defence and RCN services.

RCN claimed the delay in laying the Saba-St. Maarten segment would cost between US $800,000 and $1.5 million extra.

15 March 2012

In this case The Ministry of Tourism, Economic Affairs, Transport and Telecommunication, Minister Franklin Meyers, was represented by attorney Richard Gibson Junior of Gibson & Associates. RCN was represented by attorney Maarten Le Poole of HBN Law.